Gannon v. American Home Products Inc., A-80 September Term 2010; Supreme Court; opinion by Hoens, J.; dissent by Wefing, P.J.A.D., temporarily assigned; decided August 15, 2012. On certification to the Appellate Division, 414 N.J. Super. 507 (App. Div. 2010). [Sat below: Judges Grall, Messano and LeWinn in the Appellate Division; Judge Donahue in the Law Division.] DDS No. 07-1-7383 [51 pp.]
Plaintiffs Jamie and Rebecca Gannon, asserting that Jamie developed medulloblastoma, a form of brain cancer, because of a series of polio vaccines he was given as a child, pursued relief in federal and state court. In the federal court action, they sought relief from the United States pursuant to the Federal Tort Claims Act, 28 U.S.C. §§ 1346(b), 2671-80, contending that the federal government was negligent in permitting the polio vaccine to be sold to the public because Lederle Laboratories failed to comply with the applicable standards imposed by the Food and Drug Act, 42 U.S.C. § 262(d), when its vaccine was manufactured and distributed and it was contaminated with SV40, a virus.
